Amar Singh Suman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1363 of 2022 In Civil Writ Jurisdiction Case No.919 of 2019 ====================================================== Amar Singh Suman Son of- Shobha Singh, Resident of Village- Ward no. 12, Subhash Nagar, P.S.- Khazanchi Hat, District- Purnea. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Urban Development, Govt. of Bihar, Patna.

2.

The District Magistrate, Purnea.

3.

The Purnea Nagar Nigam through its Commissioner, Purnea Nagar Nigam, Purnea.

4.

Circle Officer, Purnea East, Purnea.

5.

Bindeshwari Yadav S/o Late Mahgu Yadav, Resident of Village- Ward No. 12, Subhash Nagar, P.S. Khazanchi Hat, District- Purnea. 6.

Kamleshwari Poddar S/o- Late Thakur Chand Poddar, Resident of VillageWard No. 12, Subhash Nagar, P.S. Khazanchi Hat, District- Purnea. 7.

Raj Kumar Poddar S/o Kamleshwari Poddar, Resident of Village- Ward No. 12, Subhash Nagar, P.S. Khazanchi Hat, District- Purnea. 8.

Rajeshwar Prasad Chaudhary, S/o- Late Thakur Chaudhary, Resident of Village- Ward No. 12, Subhash Nagar, P.S. Khazanchi Hat, District- Purnea. 9.

Tara Devi, W/o- Ramdev Sharma, Resident of Village- Ward No. 12, Subhash Nagar, P.S. Khazanchi Hat, District- Purnea. 10.

Madhuri Devi, W/o- Satyendra Shukla, Resident of Village- Ward No. 12, Subhash Nagar, P.S. Khazanchi Hat, District- Purnea. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md Fazle Karim, Advocate For the Opposite Party/s :

Mr.Ajay (GA 5) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-11-2022 Considering the fact that the present petition has been filed for restoration of a writ petition, which has stood dismissed for want of prosecution, I deem it fit and appropriate to ignore the defects and hear the present case on merits. The present petition has been filed for restoration of a

Patna High Court MJC No.1363 of 2022(2) dt.16-11-2022 2/2 writ petition bearing C.W.J.C. no. 919 of 2019, which has stood dismissed on account of non-prosecution, by an order dated 11.07.2022.

The learned counsel for the petitioner has submitted that on account of personal difficulty, he could not appear before this Court on that particular day, hence, the aforesaid writ petition has stood dismissed on account of non-prosecution. Having regard to the facts and circumstances of the case, taking into account the materials available on record as also considering the averments made in the present petition, I deem it fit and appropriate to direct for restoration of the aforesaid writ petition bearing C.W.J.C. no. 919 of 2019, to its original file.

The present petition stands allowed.

(Mohit Kumar Shah, J) rinkee/- U